1.1 These General Terms and Conditions (hereinafter "GTC") of Glas-Kontor s.r.o. (hereinafter "we/us") apply to all contracts for the supply of goods concluded with us by you as a consumer or entrepreneur (hereinafter "you") regarding the goods presented by us in our online shop. We hereby exclude the incorporation of your own terms and conditions unless we have agreed otherwise with you.
1.2 These GTC also apply to contracts for the supply of vouchers unless otherwise agreed.
1.3 For the purposes of these GTC, you are a consumer if you conclude a legal transaction for purposes that can be attributed neither predominantly to your commercial nor to your self-employed professional activity.
1.4 For the purposes of these GTC, you are an entrepreneur if you are a natural or legal person or a legally recognized partnership acting in the course of your commercial or self-employed professional activity when concluding a legal transaction.
1.5 Depending on our product description, the subject matter of the contract may be either the purchase of goods in a one-off delivery or the purchase of goods through continuous delivery (hereinafter "subscription contract"). Under a subscription contract, we undertake to deliver the goods due under the contract to you at the contractually agreed time intervals for the duration of the agreed contract term.
1.6 If your delivery and billing address is in Switzerland or Liechtenstein, the following conditions apply, provided that MeinEinkauf AG, Fürstenlandstrasse 35, 9000 St. Gallen, Switzerland (hereinafter "MeinEinkauf") shall be your contracting partner instead of us. In this case, we merely act as an intermediary between you and MeinEinkauf and do not become a party to the purchase contract ourselves. You will be expressly informed of this in our online shop. In this case, MeinEinkauf is responsible for contract processing. We will correspond with you on behalf of MeinEinkauf. This also applies to correspondence regarding any service disruptions, in particular when you assert your rights regarding defects.
2.1 The product descriptions contained in our online shop do not constitute binding offers on our part but serve as an invitation to submit a binding offer by you.
2.2 You can submit the offer using the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. You can also submit the offer to us by email, via our online contact form, or by telephone.
2.3 We can accept your offer within five days,
If several of the above alternatives are available, the contract shall come into existence at the time when the first of the above alternatives occurs. The period for accepting your offer begins on the day after your offer is sent and ends at the end of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer, and you will no longer be bound by your declaration of intent.
2.4 If you select a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, which can be viewed at https://www.paypal.com
2.5 Auction format / Buy-it-now function
If the seller lists an item in an auction format on eBay, we submit a binding offer to conclude a contract for this item. We set a starting price and a period within which the offer can be accepted (offer duration). If we set a minimum price for the auction format, the offer is subject to the suspensive condition that the minimum price is reached.
You accept the offer by placing a bid. To do this, you first enter the amount of your maximum bid in the designated input field on the offer page of our offer and then complete the further steps specified by eBay. Finally, you click the "Confirm bid" button. Acceptance is subject to the suspensive condition that you are the highest bidder after the offer duration expires. A bid expires if another buyer places a higher bid during the offer duration. If we end the offer prematurely, a contract shall come into existence between us and the highest bidder, unless we were entitled to withdraw the offer and cancel the existing bids.
We can additionally provide offers in an auction format with a Buy-it-now function. You can exercise this as long as no bid has yet been placed on the item or a minimum price has not yet been reached. You accept the offer by clicking the "Buy it now" button and then confirming. If the shopping cart function is also available for the offer, you can also accept the offer by placing the item in the shopping cart and completing the immediately following payment process. In this case, you can choose whether to log in to your existing eBay account for the order, create a new eBay account for the order, or complete the order without logging in to eBay as a "guest". Finally, you click the "Buy" button or – in the case of an order as a "guest" and/or an order using the shopping cart function – the "Buy and pay" button.
2.6 When ordering via our online order form, we store the contract text after the conclusion of the contract and send it to you in text form (e.g. email, fax, or letter) after you have submitted your order. We do not make the contract text available in any other way. If you have set up a user account in our online shop before submitting your order, your order data will be archived on our website and can be accessed by you free of charge via your password-protected user account by providing the relevant login details.
2.7 Before bindingly submitting the order via our online order form, you can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the zoom function of your browser, with the help of which the display on the screen is enlarged. You can correct your entries within the electronic ordering process for as long as you do not click the button that completes the ordering process.
2.8 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.9 Order processing and communication generally take place by email and through automated order processing. You must ensure that the email address you have provided for order processing is correct, so that emails sent by us to this address can be received. In particular, when using SPAM filters, you must ensure that all emails sent by us or by third parties we have commissioned with order processing can be delivered.
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal is set out in our withdrawal policy.
4.1 Unless otherwise stated in our product description, the stated prices are gross prices that include statutory VAT. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, for which we are not responsible and which you must bear. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties/taxes (e.g. customs duties). Such costs may also arise in respect of the transfer of funds even if the delivery does not take place to a country outside the European Union, but you make the payment from a country outside the European Union.
4.3 The payment method(s) will be communicated to you in our online shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless we have agreed a later due date with you.
4.5 If you select a payment method offered via the "PayPal" payment service, payment will be processed by PayPal, whereby PayPal may also use the services of third-party payment service providers. If we also offer payment methods via PayPal for which we provide advance payment to you (e.g. purchase on account or installment payment), we hereby assign our payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our declaration of assignment, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the submitted customer data. We reserve the right to refuse the selected payment method in the event of a negative check result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, you can only make a payment to PayPal or the payment service provider commissioned by PayPal that has the effect of discharging the debt. However, even in the event of the assignment of the claim, we remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and their transmission, or credits.
4.6 If you select a payment method offered via the "Shopify Payments" payment service, payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to you in our online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, and to which you may be separately informed. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com
4.7 If you select a payment method offered via the "Stripe" payment service, payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to you in our online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, and to which you may be separately informed. Further information on Stripe is available on the internet at https://stripe.com
4.8 If you select a payment method offered via the "Klarna" payment service, payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms regarding this can be viewed here:
https://terra-natur.eu
5.1 If we offer shipping of the goods, delivery will take place within the delivery area specified by us to the delivery address you have provided, unless otherwise agreed. The delivery address specified in our order processing shall be decisive when processing the transaction.
5.2 For goods delivered by a freight forwarder, delivery shall be "free at the curb", i.e. to the public curb nearest to the delivery address, unless otherwise stated in the shipping information in our online shop and unless otherwise agreed.
5.3 If delivery of the goods fails for reasons attributable to you, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of return shipment if you effectively exercise your right of withdrawal. The provision made in our withdrawal policy regarding the return costs shall apply in the event of an effective exercise of your right of withdrawal.
5.4 If you act as an entrepreneur, the risk of accidental loss or accidental deterioration of the sold goods passes to you as soon as we have handed over the item to the freight forwarder, carrier, or other person or entity designated to carry out the shipment. If you act as a consumer, the risk of accidental loss or accidental deterioration of the sold goods generally only passes to you upon delivery of the goods to you or a person entitled to receive them. Notwithstanding this, even if you act as a consumer, the risk of accidental loss or accidental deterioration of the sold goods passes to you as soon as we have handed over the item to the freight forwarder, carrier, or other person or entity designated to carry out the shipment, if you have commissioned the freight forwarder, carrier, or other person or entity designated to carry out the shipment to carry out the shipment and we have not previously identified this person or entity to you.
5.5 If we offer the goods for collection, you can collect the ordered goods during the business hours specified by us at the address specified by us. In this case, no shipping costs will be charged to you.
5.6 Vouchers will be provided to you as follows:
6.1 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all the circumstances of the individual case and weighing the interests of both parties, the continuation of the contractual relationship until the agreed termination or until the expiry of a notice period cannot be reasonably expected of the terminating party.
6.2 Cancellations can be made in writing, in text form (e.g. by email), or in electronic form via the cancellation facility (cancellation button) provided by us on our website.
If we provide advance payment, we reserve the title to the delivered goods until full payment of the purchase price due.
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. Notwithstanding this, for contracts for the supply of goods:
8.1 If you act as an entrepreneur,
8.2 The above-stated limitations of liability and shortened periods do not apply
8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
8.4 If you act as a consumer, you are asked to report goods delivered with obvious transport damage to the delivery person and to inform us of this. Failure to do so has no effect on your statutory or contractual claims for defects.
If, in addition to the supply of goods, we are also obliged to assemble or install the goods at your premises and, if applicable, to carry out corresponding preparatory measures (e.g., taking measurements), the following shall apply:
9.1 We shall perform our services at our discretion either personally or through qualified personnel selected by us. We may also make use of the services of third parties (subcontractors) who act on our behalf. Unless otherwise stated in our service description, you have no right to select a specific person to perform the requested service.
9.2 You must provide us with the information required for the performance of the service owed completely and truthfully, provided that the procurement thereof does not fall within our obligations under the contract.
9.3 We will contact you after the conclusion of the contract to agree on an appointment for the service owed. You shall ensure that we or the personnel we have commissioned have access to the relevant facilities at your premises at the agreed appointment.
9.4 The risk of accidental loss or deterioration of the sold goods shall only pass to you upon completion of the assembly work and handover to you.
10.1 Vouchers that we issue free of charge as part of promotional campaigns for a specified period of validity and which you cannot purchase (hereinafter "promotional vouchers") can only be redeemed in our online shop and only during the specified period.
10.2 Individual products may be excluded from the voucher campaign if such a restriction is stated in the terms of your promotional voucher.
10.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent adjustment is not possible.
10.4 You may also redeem several promotional vouchers in a single order.
10.5 If our promotional voucher refers to a specific value rather than a percentage discount, the value of your goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by us.
10.6 If the value of the promotional voucher is insufficient to cover your order, you may choose one of the other payment methods we offer to pay the difference.
10.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.
10.8 The promotional voucher will not be refunded if you return goods paid for in whole or in part with the promotional voucher under your statutory right of withdrawal.
10.9 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. We are entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
11.1 Vouchers that can be purchased through our online shop (hereinafter "gift vouchers") can only be redeemed in our online shop, unless otherwise stated on the voucher.
11.2 Gift vouchers and remaining balances on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining balances will be credited to you until the expiry date.
11.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent adjustment is not possible.
11.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
11.5 If the value of the gift voucher is insufficient to cover the order, you may choose one of the other payment methods we offer to pay the difference.
11.6 The balance of a gift voucher will neither be paid out in cash nor accrue interest.
11.7 The gift voucher is transferable. The seller may discharge its obligation to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller knows or is grossly negligent in not knowing that the respective holder is not entitled to the voucher, lacks legal capacity, or lacks the authority to represent the holder.
- We have submitted to the guidelines for "Google Customer Reviews", which can be found online at https://support.google.com
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
